Part 4Western Australia

Part 4—Western Australia   33  Legislation before 1898  (1) A lease of town land under the Land Regulations 1829 that permits the lessee to use the land or waters covered by the lease solely or primarily for residential purposes.  (2) A lease of special occupation land under the Land Regulations 1872.  (3) A conditional purchase lease under clause 46, 47, 48, 49, 50, 52 or 53 of the Land Regulations 1887.  (4) A lease under subsection 12(5) of the Mineral Lands Act 1892.  (5) A homestead farm under the Homesteads Act 1893.  (6) A homestead lease under the Homesteads Act 1893.  (7) A lease under the Agricultural Lands Purchase Act 1896. 34  Land Act 1898 and Land Act 1933  (1) A lease under section 41a of the Land Act 1898 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following: | agriculture; artificial limb factory; bakehouse and store; boarding house; boat repairing and shed for crews; bowling green; brickmaking; brine evaporation plant; cultivation; dairying; experimental cultivation; experimental gardening purposes; fish curing, canning and manufacture of by‑products; fruit and confectionary shop; golf links; hospital site; manure and cement factory; market garden; pig and poultry farm; post office; residential purposes; sandalwood stack and store; slaughter yard; stable and storage yard; stacking firewood; stacking telegraph poles; store and dwelling; tramway and timber yard; tropical agriculture; vegetable growing; veterinary hospital. |  (2) A lease under section 152 of the Land Act 1898 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection (3), (5), (8), (12) or (13) of that section.  (3) A lease under section 152 of the Land Act 1898 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following: | artificial lake; bathing house; billiard room; blacksmith and wheelwright shop; boarding house; boat building, fish canning and horse paddock; boat shed; bone crushing mill; brick kiln; bridge; building and repairing boats; butchering and slaughtering; canning and preserving works; cement works; chemical works; church site; clayhole and brick kiln; collection in catchment ditches and manufacture of salt; cultivation; cultivation of tobacco; dairying; depositing of materials; depot for sponge fishery; explosives magazine; factory site; ferry; fertiliser factory; fire brick manufacture; fishing station; foundry; gardening; growing cotton; hotel site; inn and general store; jetty site; land base for pearling activities; landing and packing pearl shell; laying up, repairing and fitting pearling vessels; lime burning; lime kiln; machinery depot; manufacturing aerated water; manufacturing plaster of paris and manure; manufacturing white lead; market garden; mixed gardening; monumental site; news and general agent; permanent pearling camp accommodation; piggery; poultry farm; preserving fish; private hospital; pumping station; punt house; quay; repairing luggers; residence; residential purposes; rope and twine factory; sanitary plant and stable; school; sheep dip; site for stores, dwelling or jetty; skating rink; slaughter yard; slipway for boats; stock yard; storage of fodder; storage of sandalwood; store and garden; store site; storing brewery requisites; tea and refreshment rooms; tennis club; tile factory; toll house; tramway siding; whaling factory; whaling station; wharf; wood shed; wool scouring shed; yacht clubhouse; yard for horses. |  (4) A lease of town or suburban land under section 153 of the Land Act 1898 that permits the lessee to use the land or waters covered by the lease solely or primarily for residential purposes.  (5) A lease under section 153a of the Land Act 1898.  (6) A homestead farm under the Land Act 1898 or the Land Act 1933.  (7) A conditional purchase lease under Part V or VI of the Land Act 1898 or Part V of the Land Act 1933.  (8) A lease of special settlement land under the Land Act 1898 or the Land Act 1933.  (9) A lease of a working man’s block under the Land Act 1898 or the Land Act 1933.  (10) A lease under subsection 32(1) of the Land Act 1933 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following: | aerodrome; agriculture; angling clubhouse; aviary; boat shed; building; bulk wheat storage; caravan park; children’s playground; concrete batching plant and stockpiling metal products; constructed stock and domestic water supply facility; cropping; cultivation; field laboratory for rock lobster research; fishing depot, building, repairing and hiring of boats, and petrol service station; fishing station; freezer works and residence; fuel depot; garage and building; garden and parking area; garden and poultry raising; golf links; holiday campsite consisting of residential buildings; hotel; land‑based experimental aquaculture; lighthouse; market garden; monumental works; office extension; plant for treatment of mineral bearing earth; pound; radio translator; residence; residence, garden and apiary; rest room; rifle range; road train access and turn around area; sawmill; service station; shore whaling station; siding for delivery of wheat; slaughter yard; stock holding paddock adjoining transport facilities for stock awaiting transportation; stock holding paddock for abattoir; storage; storage of implements and vehicles; storage of manganese ore; storage of ore; taxi rank; timber mill; timber storage; transport depot; trotting racecourse; vehicle parking; weighbridge; woodyard. |  (11) A lease under subsection 33(3) of the Land Act 1933 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following: | aerial landing ground; aged persons’ home; bulk grain terminal; church; foreshore amusement park; livestock sales and produce processing; play group facilities; residential purposes; restaurant; rifle range; surf life saving club. |  (12) A lease under section 116 of the Land Act 1933 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection (3), (5), (8), (12) or (13) of that section.  (13) A lease under section 116 of the Land Act 1933 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following: | abattoir; accommodation; accommodation and other buildings associated with the cultured pearl industry; aerial landing ground; agriculture; airstrip; airstrip and fishing base; angling clubhouse; aquatic centre; arboretum; auto repair business; automotive metal product fabrication; aviary; base for offshore petroleum operations; bistro‑brasserie; boat pen and jetty site; boat shed; bombing range; brick kiln; brickworks; brine catchment ditches; broadcasting and television tower and associated buildings; bulk fuel depot; bulk oil installation; bus depot; cafe; camel farm; camping and caravan park; car club; caravan and chalet park; caravan park; caravan park extension; church; church and church hall; church site; collection in catchment ditches and manufacture of salt; commercial snail farming; commercial tropical agriculture or horticulture; community theatre; company housing and recreation; company housing or accommodation; concrete batching and stockpiling of metal products; concrete batching plant; contractors’ accommodation; conveyor belt; crocodile farm; cropping; cropping and grazing; cropping, grazing and private airstrip; cultivation and grazing; cultivation of plants for pharmaceutical purposes; dam; depositing of materials; depot; depot or storage; dwelling; effluent disposal; equestrian centre; explosive storage and manufacture; extension to commercial premises; extension to timber mill; factory; ferry; field laboratory associated with marine research; fire station; fish processing; fishing base; fishing holiday accommodation; garden; garden and tennis court; garden nursery; gas processing plant; gas production facility; general industry and staff accommodation; grain receival depot; grain storage; grazing and agriculture; group housing; hall; hall and place of worship; heated swimming pool; holiday and tourist resort fishing station; homestead and tourist facility; homestead tourist facilities; horse stable; horse yard; hotel; hotel extension; hotel, motel and service station; housing for workforce; hydroponic vegetable garden; industrial purposes; industrial storage; intensive horticulture; jetty; land base associated with pearl oyster hatchery or pearling activities; land base associated with pearling; land base for fishing industry; land‑based aquaculture; land‑based experimental aquaculture or oyster hatchery; land‑based oyster nursery; land‑based pearl farming; land‑based scallop/oyster farm; landing ground for aircraft; landscape gardening supplies business; light industrial purposes; light industry; lighthouse; lime burning; lime crushing; loading and unloading stock; lobster receival depot; manganese road train assembly area; manse; manufacture and storage of concrete products; manufacture of salt; market garden; market garden and residence; mechanical workshop; meteorological station; mill; motel; motel and service station; motel unit development; motor cross speedway; motorcycle clubhouse; non‑irrigated agriculture; noxious industry; office accommodation; office accommodation and storage; office and employee accommodation; oil storage depot; parking; parking and maintenance of vehicles; parking and spraying of machinery; parking and storage; permanent mining camp accommodation; pig farm; pistol club; plant nursery; potato growing; poultry farm; processing of crayfish; production of algae derivatives; professional fisherman’s permanent camp accommodation; propagation of wildflowers; pumping station; quarantine station; quay; radio mast; radio station; radio translator site; radio transmitter receiving site; recreational game fishing accommodation and facilities; residence; residence and agriculture; residence and depot; residence and dog kennel; residence and garden; residence and market garden; residence and storage; residence and storage of mining equipment; residence, cropping and grazing; restoration and occupation of historical building; retail shop for coffee and light meals; retail shop for gifts, souvenirs and food; rifle clubhouse; rifle range; road train parking; road transport depot; roadhouse; roadhouse, service station and general store; roadhouse, service station and restaurant; rubbish and effluent disposal; sandblasting; sawmill; school; service station; sewage pond, generator shed and landscaping; sewage treatment pond; shearing team quarters; sheep dips; ship or boat building; showroom and workshop; single person’s quarters; slaughterhouse and holding paddock; slaughter yard; small bore pistol clubhouse; souvenir shop; speedway clubhouse and motor racing track; sporting complex; sportsground; stabling of horses; staff accommodation; staff quarters; stock sale yard; stock yard; stockpiling of river sand; storage and display of machinery; storage of cereal grain and bulk storage facility; storage of chemical spraying equipment; storage of machinery; storage yard and depot; store; sugar refinery; tailings dam; tannery; tavern; tea garden; telephone exchange; television station and translator facilities; tourist accommodation and facilities; tourist and travel shop; tourist facility associated with emus; tourist mine; tourist railway; trades hall and offices; transport terminal; tree farming; tropical garden; trotting course; truck depot; warehouse; water storage; water storage and garden; water tank; weather station; weighbridge; wharf; wool shed; workshop vehicle and machinery parking; workshop; workshop and storage of drilling materials; zoo. |  (14) A lease of town land under section 117 of the Land Act 1933, other than a lease that:  (a) permits the lessee to use the land or waters covered by the lease solely or primarily for the purpose of a yacht harbour or mine buffer zone; or  (b) both:  (i) permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following: | access; communications; grazing or pastoral purposes; nature trail; pipeline; prawning; quarry; recreation; utilities; water supply; |   and  (ii) does not permit the lessee to use the land or waters solely or primarily for agriculture, horticulture, cultivation, or a similar purpose, or solely or primarily for any of the following: | accommodation; amusement park; archery range; basketball court; bowhunting; bowling green; caravan park; car park; cropping; croquet pitch; dam; depot; golf course; industrial purposes; jetty; land‑based aquaculture; manufacturing; motorbike track; motor racing track; racecourse; residence; rifle range; shop; skating rink; sports centre; sports club; sports field; sports ground; storage; swimming pool; tennis court; theatre; tree farming. |  (15) A lease of town land under section 117 of the Land Act 1933 that permits the lessee to use the land or waters covered by the lease solely or primarily for a communications tower, mast or building.  (16) A lease under section 117A of the Land Act 1933 that permits the lessee to use the land or waters covered by the lease solely or primarily for the construction and maintenance of a subway or bridge.  (17) A lease under Part IV of the Land Act 1933 that permits the lessee to use the land or waters covered by the lease solely or primarily for residential purposes. 35  Other legislation after 1898  (1) A lease under the Agricultural Lands Purchase Act 1909.  (2) A miner’s homestead lease under Part VIII of the Mining Act 1904, other than a lease that:  (a) permits the lessee to use the land or waters covered by the lease solely or primarily for grazing or pastoral purposes; and  (b) does not permit the lessee to use the land or waters solely or primarily for agriculture, horticulture, cultivation, or a similar purpose.  (3) A lease of a worker’s dwelling house under Part V of the State Housing Act 1946‑1974.  (4) A perpetual lease under the War Service Land Settlement Scheme Act 1954. 36  Leases under certain mining‑related and other Acts   A lease (other than a mineral lease) under the Agreement a copy of which is set out in the Schedule to any of the following Acts: | the Oil Refinery Industry (Kwinana Agreement) Act 1952; the Broken Hill Proprietary Company’s Integrated Steel Works Agreement Act 1960; the Iron Ore (Hamersley Range) Agreement Act 1963; the Iron Ore (Hamersley Range) Agreement Act 1963‑1968; the Iron Ore (Robe River) Agreement Act 1964; the Iron Ore (Mount Goldsworthy) Agreement Act 1964; the Iron Ore (Mount Newman) Agreement Act 1964; the Leslie Solar Salt Industry Agreement Act 1966; the Dampier Solar Salt Industry Agreement Act 1967; the Evaporites (Lake MacLeod) Agreement Act 1967; the Iron Ore (Hamersley Range) Agreement Act Amendment Act 1968; the Irrigation (Dunham River) Agreement Act 1968; the Nickel Refinery (Western Mining Corporation Limited) Agreement Act 1968; the Alumina Refinery (Pinjarra) Agreement Act 1969; the Nickel Refinery (Western Mining Corporation Limited) Agreement Act Amendment Act 1970; the Poseidon Nickel Agreement Act 1971; the Iron Ore (Goldsworthy‑Nimingarra) Agreement Act 1972; the Iron Ore (McCamey’s Monster) Agreement Authorization Act 1972; the Iron Ore (Mount Bruce) Agreement Act 1972; the Alumina Refinery (Worsley) Agreement Act 1973; the Nickel (Agnew) Agreement Act 1974; the Mineral Sands (Eneabba) Agreement Act 1975; the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978; the Collie Coal (Griffin) Agreement Act 1979; the Collie Coal (Western Collieries) Agreement Act 1979; the North West Gas Development (Woodside) Agreement Act 1979; the Diamond (Argyle Diamond Mines) Agreement Act 1981; the Shark Bay Solar Salt Industry Agreement Act 1983; the Camballin Farms (AIL Holdings Pty Ltd) Agreement Act 1985; the Western Mining Limited (Throssell Range) Agreement Act 1985; the Iron Ore (Channar Joint Venture) Agreement Act 1987; the Iron Ore (Marillana Creek) Agreement Act 1991; | that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following: | accommodation for employees and visitors; aerial landing ground; agriculture; airport; airstrip; ballast stockpile; ballast stockpile site; berthing and loading facilities and stockpiling salt; bulk handling and shipping terminal; bulk handling facilities; bulk loading facilities; camp comprising residential buildings; causeway; caustic soda farm; caustic soda train loader and pumping station; chalet; collection in catchment ditches and manufacture of salt; commissioning and operating of pilot plant for metallurgical research purposes; communications tower; communications tower and associated buildings; construction and maintenance of worker accommodation; construction and operation of branch lines and marshalling yard; construction and operation of railway; construction and use of causeway; contractor’s accommodation; contractor’s laydown area; dam site; dog pound; domestic television transmitter site; employee housing; extension to townsite for residential accommodation; heavy industry; heliport; housing; industrial area; industrial purposes; industrial site and associated facilities, installations and works; industrial stockpiling; irrigated agriculture; jetty with berthing and loading facilities; loading and stockpiling; maintenance and construction of workers’ accommodation; market garden; marshalling yard; materials offloading facility; mine service area comprising contractor accommodation; offloading construction materials; permanent construction camp accommodation for employees; permanent mining camp accommodation; permanent railway construction camp accommodation; permanent way store; plant nursery; plant site area; port industrial area; power station cooling water intake system; produce loading jetty; production plant; pumping installation and reservoir; radio repeater station site; railway; railway and ancillary installations, works and facilities; railway shunting; railway shunting and marshalling; railway spur line; red mud pond; refinery, power station, water storage and buffer zone; residential purposes; sewage disposal site; sewage treatment plant and radio and television transmitter tower; ship loading; shunting lines; stockpile area; stockpile site; stockpile site and shiploading facilities; stockpiling site for railway ballast; storage and maintenance of quarry equipment; storage of railway equipment; supply base; supply base and laydown area; tailing area; transmission mast; treatment plant; treatment plant and administration building; waste disposal site; waste material dump; water tank; wharf; workers’ construction camp accommodation; workforce housing and welfare services; yard or site for ship‑building, boat‑building, storing of timber, coal, merchandise, goods or other property, or for the erection of a workshop or foundry. | Part 5—South Australia   37  Perpetual leases and leases for a term of years  (1) A perpetual lease, or a lease for a term of years, of a working man’s block, or a homestead block, (other than a lease of land or waters forming the whole or part of an Aboriginal reserve) under Part XI of the Crown Lands Consolidation Act 1886, Part VII of the Crown Lands Act 1888, Part IX of the Crown Lands Act 1903, Part IX of the Crown Lands Act 1915 or Part IX of the Crown Lands Act 1929.  (2) A perpetual lease under the Crown Lands Act 1888, the Crown Lands Amendment Act 1893, the Closer Settlement Act 1897, the Crown Lands, Closer Settlement, and Blockholders’ Loans Amendment Act 1901, the Crown Lands Act 1903, the Crown Lands Act 1915, the Returned Soldiers Settlement Act 1915, the Discharged Soldiers Settlement Act 1917, the Agricultural Graduates Land Settlement Act 1922, the Discharged Soldiers Settlement Act 1934, Part V or section 66A or 199 of the Crown Lands Act 1929, the Marginal Lands Act 1940, the Crown Lands Development Act 1943‑1973 or the Agreement a copy of which is set out in the Schedule to the War Service Land Settlement Agreement Act 1945, other than a lease that:  (a) permits the lessee to use the land or waters covered by the lease solely or primarily for grazing or pastoral purposes; and  (b) does not permit the lessee to use the land or waters solely or primarily for agriculture, horticulture, cultivation, or a similar purpose.  (3) A perpetual lease under section 8 of the Broken Hill Proprietary Company Limited’s Hummock Hill to Iron Knob Tramways and Jetties Act 1900 or section 5 of the Hummock Hill to Iron Knob Tramway Extension Act 1927.  (4) A perpetual lease of a block of horticultural or commonage land under Part IV of the Village Settlements Act 1901, Part VIII of the Crown Lands Act 1915, the Lyrup Village Association (District Extension) Act 1921 or Part VIII of the Crown Lands Act 1929.  (5) A perpetual lease, or a lease for a term of years, of a block within an irrigation area under the Irrigation and Reclaimed Lands Act 1908, the Irrigation and Reclaimed Lands Act 1914, the Irrigation Act 1922 or the Irrigation (Land Tenure) Act 1930.  (6) A lease for a term of years under the Returned Soldiers Settlement Act 1915, the Discharged Soldiers Settlement Act 1917 or the Discharged Soldiers Settlement Act 1934, other than a lease that:  (a) permits the lessee to use the land or waters covered by the lease solely or primarily for grazing or pastoral purposes; and  (b) does not permit the lessee to use the land or waters solely or primarily for agriculture, horticulture, cultivation, or a similar purpose.  (7) A perpetual lease, or a lease for a term of years, of a town allotment within an irrigation area under the Irrigation Act 1922 or the Irrigation (Land Tenure) Act 1930. 38  Miscellaneous leases  (1) A miscellaneous lease (other than a lease of land or waters forming the whole or part of an Aboriginal reserve) under section 1 of the Miscellaneous Leases Act 1872, section 92 of the Crown Lands Consolidation Act (No. 86, 1877), section 159 of the Crown Lands Consolidation Act 1886, section 118 of the Crown Lands Act 1888, section 11 of the Closer Settlement Act 1897, section 11 of the Closer Settlement Act 1902, section 80 or 126 of the Crown Lands Act 1903, section 24 of the Irrigation and Reclaimed Lands Act 1908, section 26 of the Irrigation and Reclaimed Lands Act 1914, section 83 or 128 of the Crown Lands Act 1915, section 48 of the Irrigation Act 1922, section 77 or 182 of the Crown Lands Act 1929 or section 27 or 44 of the Irrigation (Land Tenure) Act 1930 that permits the lessee to use the land or waters covered by the lease solely or primarily for any of the following: | accommodation; aerodrome; agriculture; airstrip and living quarters; amusement centre; bakery; bathing‑house; boat building or repairing; boat hire depot; boat landing; boatshed; brick or lime kiln; bridge; building; building for business purposes; building for the use of charitable or community service organisations; bulk fuel agency; bulk fuel agency, transport depot and residence; camel holding for tourists; car park; caravan and camping park; caravan park; cereal growing; church; clubhouse; communications tower; cooling pond and pump house; deposit of materials or produce; drive‑in theatre; factory; fellmongering establishment; firearms shooting; fishermen’s residences and drying ground; Girl Guide accommodation cabin; Girl Guide hall; golf club; government building; grazing and cultivation; grazing, cultivation and nursery; hall; holiday accommodation; holiday home; horse training; horticulture; hostel; houseboat marina; houseboat mooring and car parking; industrial purposes; inn; irrigated forest and disposal of winery effluent and waste water; jetty; kindergarten; land‑based aquaculture and grazing; land‑based aquaculture development; land‑based fish farming; land‑based oyster cultivation; legal chambers; life saving club; light industrial development; lodge; mail station; manse; manufactory; manufacture of salt; manufacturing; marine research facility; motel; motorcycle track; nursery; operating and maintaining a tramway; paper‑mill; parking; parking, effluent disposal, water storage and power house; piggery; pine plantation; plant for ore reduction, manufacture of sulphuric acid and chemical manure; pony club; poultry farming; preservation of historic building; punt house; quay; radio tower; railway; railway station and jetty; residence; residence and kiosk; residence and storage depot; restaurant and kiosk; retail shop; retirement village; rifle range; road house, petrol reselling, motel and caravan park; rubbish dump; salt evaporation pond; sawmill; school or other educational institution; Scout accommodation cabin; Scout hall; shack site; ship building or repairing; showground; site for the depositing of materials or produce; site for wharf, quay, jetty; slaughterhouse; slaughterhouse and agriculture; slaughterhouse and associated yard; smelting works; smithy; sporting car club; sporting club; sporting ground; staff accommodation; stock sale yard; storage; storage and loading facilities; store; tannery; theatre; timber plantation, sawmill and timber processing; toilet block; toll house; tourist accommodation and facilities; tourist facilities; tourist information centre; tourist mine; tramway; transport depot; vegetable and fodder growing and grazing; vegetable growing; vegetable growing, fodder production and pig raising; water ski club; weather station; weighbridge; wharf; working men’s club; working men’s homestead block; worm‑growing; wrecking yard and garage; youth cabin accommodation. |  (2) A miscellaneous lease (other than a lease of land or waters forming the whole or part of an Aboriginal reserve) under section 92 of the Crown Lands Consolidation Act (No. 86, 1877) that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection III, V, VIII or IX of that section or subsection II or III of section 94 of that Act.  (3) A miscellaneous lease (other than a lease of land or waters forming the whole or part of an Aboriginal reserve) under section 159 of the Crown Lands Consolidation Act 1886 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection III, V, VIII or IX of that section or subsection II or III of section 162 of that Act.  (4) A miscellaneous lease (other than a lease of land or waters forming the whole or part of an Aboriginal reserve) under section 118 of the Crown Lands Act 1888 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection III, V, VIII or IX of that section or subsection I or II of section 123 of that Act.  (5) A miscellaneous lease (other than a lease of land or waters forming the whole or part of an Aboriginal reserve) under section 80 of the Crown Lands Act 1903 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection III, V or VII of that section or paragraph II(a) or (b) of section 203 of that Act.  (6) A miscellaneous lease (other than a lease of land or waters forming the whole or part of an Aboriginal reserve) under section 83 of the Crown Lands Act 1915 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in subsection III, V or VII of that section or paragraph II(a) or (b) of section 245 of that Act.  (7) A miscellaneous lease (other than a lease of land or waters forming the whole or part of an Aboriginal reserve) under section 77 of the Crown Lands Act 1929 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes mentioned in paragraph (1)III, IV, V or VII of that section or paragraph II(a) or (b) of section 244 of that Act.  (8) A miscellaneous lease under section 78B of the Crown Lands Act 1929 that permits the lessee to develop or use the land or waters covered by the lease solely or primarily for the purpose of holiday accommodation or a shack site. 39  Other interests  (1) A lease with a right of purchase under the Scrub Lands Act 1866, the Scrub Lands Act Amendment Act 1867, the Scrub Lands Act Extension Act 1870‑71, section 58 of the Crown Lands Consolidation Act (No. 86, 1877), section 20 of the Crown Lands Amendment Act 1882, Part II of the Agricultural Crown Lands Amendment Act 1884, Part II of the Crown Lands Consolidation Act 1886, Part III of the Crown Lands Amendment Act 1887 or Part II of the Crown Lands Act 1888.  (2) A credit agreement, or an agreement of sale and purchase on credit, under the Waste Lands Amendment Act 1868‑9, the Waste Lands Alienation Act 1872, the Crown Lands Consolidation Act (No. 86, 1877), the Crown Lands Amendment Act 1880, the Crown Lands Amendment Act 1881, the Crown Lands Amendment Act 1882, the Agricultural Crown Lands Amendment Act 1884 or the Crown Lands Consolidation Act 1886.  (3) A lease with a right of purchase under section 39 of the Waste Lands Alienation Act 1872 or Part III (other than section 58) of the Crown Lands Consolidation Act (No. 86, 1877) that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes of agriculture or cultivation.  (4) A selector’s lease under Part III of the Agricultural Crown Lands Amendment Act 1884 or Part III of the Crown Lands Consolidation Act 1886.  (5) A lease (other than a lease of land or waters forming the whole or part of an Aboriginal reserve) under section 29 of the Crown Lands Amendment Act 1885.  (6) A grazing and cultivation lease, or a lease of grazing and cultivation lands, under Part II of the Crown Lands Consolidation Act 1886 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purposes of agriculture or cultivation.  (7) A lease with a right of purchase under the Crown Lands Act 1888 or the Crown Lands Amendment Act 1893, other than a lease that:  (a) permits the lessee to use the land or waters covered by the lease solely or primarily for grazing or pastoral purposes; and  (b) does not permit the lessee to use the land or waters solely or primarily for agriculture, horticulture, cultivation, or a similar purpose.  (8) A villager’s lease under section 80 of the Crown Lands Amendment Act 1893.  (9) An agreement under Part IX of the Crown Lands Act 1903.  (10) A lease under clause 11 of the Indenture a copy of which is set out in the Schedule to the Broken Hill Proprietary Company’s Indenture Act 1937 that permits the lessee to use the land or waters covered by the lease solely or primarily for the purpose of constructing or extending a tramway.  (11) A lease under section 35 of the National Parks and Wildlife Act 1972 that permits the lessee to develop or use the land or waters covered by the lease solely or primarily for any of the following: | airstrip; archery clubhouse and archery range; cabin accommodation; canoe clubhouse; caravan park; cottage accommodation for residents, visitors or guests; employee accommodation in huts or other buildings; field station cabin accommodation; fish factory; garden; golf course; golf driving range; grazing and cropping; gymnasium; holiday house; horse and pony riding club; indoor health centre; jetty; kiosk and restaurant; lighthouse; model aircraft flying clubhouse; occupation and maintenance of historic or heritage building; optical fibre repeater building and solar panel; pistol club and shooting range; radio tower; radio/telephone tower and building; research centre; research station; residential accommodation; Scout or Guide hall; shack accommodation; storage of mining equipment; storage, take‑off and landing of aircraft; tennis court; tourist accommodation; tourist accommodation, camping facilities, food and fuel outlet and licensed premises; youth hostel. |